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ANGLE v. COMMONWEALTH

396 Pa. 514 (1959)

Angle v. Commonwealth, Appellant.

Supreme Court of Pennsylvania.

June 30, 1959.

Attorney(s) appearing for the Case

Marshall J. Seidman, Deputy Attorney General, with him Frank E. Roda, Michael Deckman, Jacob J. Kilimnik, Assistant Attorneys General, Michael J. Stack, Jr., Deputy Attorney General, John R. Rezzolla, Jr., Chief Counsel, Department of Highways, and Anne X. Alpern, Attorney General, for appellant.

J. Glenn Benedict, for appellees.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and BOK, JJ.

OPINION BY MR. JUSTICE MUSMANNO, June 30, 1959:

The question in this case may be stated quite simply: May the Commonwealth, under the power of eminent domain, take property without timely and adequate notice to the property-owner involved?

On May 11, 1878, the Court of Quarter Sessions of Franklin County, after appropriate preliminary proceedings before a duly appointed Board of Viewers, opened through Quincy Township...

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